Client Portal
Client Portal

Select the type of payment you need to make from the list at the right.

Jeff Carruth

Shareholder

Contact
T (713) 961-9045
F (713) 961-5341

Jeff Carruth has extensive experience representing financial institutions, creditors, landlords, debtors, committees, trustees, and other constituencies in bankruptcy matters. His diverse practice encompasses bankruptcy litigation, reorganization, and related transactions ranging from complex reorganizations to small business cases, including under Subchapter V of Chapter 11 and the Small Business Reorganization Act of 2019.

Representing financial institutions and creditors, Jeff typically acts on behalf of asset-based lenders and secured creditors in workouts, DIP financing, §362 lift stay proceedings, cash collateral disputes, valuation contests, lien priority disputes, §363 asset sales, inter-creditor agreements, plan negotiations, plan confirmation objections, and Chapter 7 trustee elections.

Jeff concentrates on liquidations, restructurings, and reorganizations of exploration and production (E&P) companies and other energy industry segments. His representations include drilling companies, service companies, suppliers, working interest owners, royalty owners, and stakeholders. He is highly experienced in preparing, protecting, and challenging oil/gas liens and mechanics and materialmen (M&M) liens, litigating mineral lease disputes, and enforcing operator duties and investor rights under joint operating agreements (JOAs) and similar arrangements.

Bar Admissions

  • State Bar of Texas
  • Federal Courts of Appeal: Fifth Circuit Court of Appeals
  • Federal District and Bankruptcy Courts: Northern, Southern, Eastern, and Western Districts of Texas; Northern, Eastern, and Southern Districts of Oklahoma; Eastern and Western Districts of Arkansas; Central District of Illinois

Education

  • J.D., Texas Tech University School of Law
  • B.A., Texas Christian University History, magna cum laude with honors

Additional Information

  • Named “Texas Rising Star” by Texas Monthly, 2004, 2008, 2009, and 2010.
  • International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
  • Former Co-Chair, International Secured Transactions & Insolvency Committee, Section of International Law & Practice, American Bar Association
Community Involvement
  • Member: Houston Bar, Dallas Bar, State Bar of Texas
  • American Bankruptcy Institute
  • International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
  • Former Co-Chair, International Secured Transactions & Insolvency Committee, Section of International Law & Practice, American Bar Association

 

Publications
  • Frontline: Client Filing for Bankruptcy-Cash Flow and Survivability Issues in Chapter 11 E&P Cases, Texas State Bar 27th Annual Advanced Oil, Gas and Energy Law Course, Houston, Texas, October 8, 2009.
  • Avoiding Risks and Exit Strategies for Troubled Loans, Texas Economic Development Council, Spring Meeting, El Paso, Texas, April 2008.
  • “International Legal Developments in Review 1999: Creditors’ Rights and Bankruptcy,” 34 The International Lawyer 533, 2000 (co-author).
  • “International Legal Developments in Review 2000: Cross-Border Insolvency and Structural Reform in a Global Economy,” 35 The International Lawyer 449, 2001 (co¬author).
  • “International Legal Developments in Review 2003: Insolvencies in the Global Context,” 38 The International Lawyer 353, 2004.
  • “International Legal Developments in Review 2004: International Secured Transactions and Insolvency,” 39 The International Lawyer 363, 2005.
  • “International Legal Developments in Review 2005: International Secured Transactions and Insolvency,” 40 The International Lawyer 381, 2006 (co-author).
  • *Federal law requires that, with regard to such representations for relief under the Bankruptcy Code, that we disclose that we are a “debt relief agency” as defined in the Bankruptcy Code.

 

Blogs
  • Learn more about recent bankruptcy developments and other items of interest at Jeff’s blog: crisisbankruptcy.com
  • Jeff also publishes a digest of the latest written opinions issued by bankruptcy courts addressing Subchapter V of Chapter 11 and the Small Business Reorganization Act of 2019. www.subvdigest.com

Representative Experience

  • Represented debtors in Chapter 11 reorganization and liquidation cases, including numerous complex Chapter 11 cases and single asset real estate cases, and small business cases, including cases under Subchapter V of Chapter 11 and the Small Business Reorganization Act of 2019.
  • Provided “fresh start” Chapter 7 proceedings for individuals who have debts, judgments, and other issues arising from the operation of a business.*
  • Advised a variety of agricultural producers including farmers, ranchers, and feed yards regarding out-of-court restructuring and options under Chapter 11 and/or Chapter 12 (family farmer cases). Jeff also maintains an office in the Amarillo-Pampa area.
  • Represented unsecured creditors committees during Chapter 11 proceedings, including the formation, oversight, and governance of the committee, investigation of the underlying debtor’s assets and the activities of directors and officers, the evaluation of actions proposed by the debtor, and the debtor’s exit from bankruptcy.
  • Prosecution and defense of §548 fraudulent transfer and §547 preference claims, sales contract enforcement, director and officer (D&O) liability claims, the appointment of trustees, lender liability claims, homestead and other exemption disputes, the protection of trade secrets and intellectual property, land title disputes, single business enterprise claims, disputes involving factors and factoring, temporary restraining orders (TROs) and injunctive relief, actions to enforce indemnities and surety claims, releases of guarantors, foreign bankruptcy ancillary proceedings (i.e., Chapter 15 proceedings), and federal tax appeals.
  • Represented buyers of assets in the negotiation of auction procedures, stalking horse arrangements, access to due diligence and qualification disputes, and the prosecution of competitive auctions.
  • Managed appeals from the bankruptcy court to the district court and/or the court of appeals.
  • Represented Chapter 7 trustees in all facets of estate administration and litigation, including the recovery of assets, the investigation and prosecution of §548 fraudulent transfer claims and other avoidance actions, the recovery of preferential transfers, director and officer (D&O) liability claims, asset sales and auctions, the defense of affirmative claims against the estate, and the administration of claims and claims objections.
  • Served as a trustee for liquidating trusts created through confirmed Chapter 11 plans.
    Boards of directors.
  • Served in an individual capacity as a director on the boards of distressed businesses in order to advise on restructuring options and strategic planning.
  • Represented owners, property managers, landlords, and tenants in lease negotiations and modifications, lease enforcement disputes, and related matters, and buyers and sellers in real estate transactions.
  • Advised transactions undertaken as part of a bankruptcy case, and advises and participates in mergers, acquisitions, asset sales and purchases, and other transactions.
  • Prosecuted and defended business disputes outside of bankruptcy cases in state and federal court.
  • Represented financial institutions and other creditors in foreclosures and the enforcement of liens and other remedies against real property and personal property collateral, the reduction of claims to judgment, and the implementation of post-judgment remedies.

Practice Areas